Chapter 7 – Adult Case Records Information

72040.13 Notification to Filing Authorities

• Each agency that filed a detainer against an incarcerated person shall be notified of the incarcerated person’s pending release or parole 90 days prior to the tentative release date.

• Notification to ICE shall only occur 15 to 30 days prior to release.

• The department shall release an incarcerated person to the agency that placed the first detainer. However, if multiple detainers are on file, and one is based upon a judgment and sentence to a prison term, the initial offer of custody shall be to the agency holding the prison term detainer.

• ICE will not assume custody of incarcerated persons for deportation proceedings unless the incarcerated person has completed/taken care of all pending legal issues, including misdemeanor charges, or if other agencies which have placed a detainer have declined to take custody.

• When multiple detainers are on file and the incarcerated person is released to one of the detainers, the remaining detainers shall be given to the transporting officers. The other agencies shall be notified of the release and of the agency that assumed custody.

• In the case of an incarcerated person’s death, the detainer shall be returned to the notifying agency. Subsequently, Case Records staff shall cancel the incarcerated person’s entire detainer computerized history utilizing a departmentally approved method and process as established by the Chief, Case Records Services